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Data Protection and Retention

We advise companies of all sizes on Data Protection and Privacy issues across a myriad of sectors.

Our lawyers advise on all aspects of Data Protection & Retention, from helping you put the correct policies and procedures in place to helping you understand and keep updated with your obligations and any regulations. With the digital economy advancing at lightning speeds, it's now more important than ever that data protection issues are not ignored, and data storage and management are dealt with carefully.

Our leadership


Scott Blackmer

Scott Blackmer

Scott leads the Americas Management Team. Previously a partner at WilmerHale, Scott advises private and federal clients in technology and is regarded as a leading authority in intellectual property and international trade. He has served as an advisor on privacy, data protection and digital identity to various Fortune 500 entities as well as government organizations.

With extensive experience in all matters related to data protection and cybersecurity, in both consumer and human resources contexts, Scott is an expert in a wide range of legal issues that companies face in online and mobile business, especially across borders.

Phone: (+1) 801 953 3858

Email: sblackmer@first-law.com

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Qualifications

  • University of California at Berkeley, JD with honors, 1981
  • University of Nevada, Las Vegas, BA with honors, 1975
  • Brigham Young University, Provo, Utah, 1970-73
  • Université de Grenoble, France, 1972

Languaes

  • English
  • Spanish
  • French
  • Italian
  • German

Data Protection and Retention insights


The Rise of Digital Banking
Data Protection and Retention

The Rise of Digital Banking

In 2015 a study made by FIS found that only 23% of customers believe their banks are fulfilling their expectations. Now, in the COVID-19 era, a recent survey conducted by PwC shows that even though consumers are happier with the banking services provided, the new risks of the industry are competitors and mostly non-traditional competitors. In fact, KPMG has stated that banks are encouraged to use channels that haven’t been prioritized in the past.

Starting with 1990, digitalization has been a constant in the financial industry. This trend that continues to grow is driven by new customer expectations. When today's consumer evaluates financial services, they don't compare banks anymore. They compare experiences. Thus, banks adopted new technologies to improve their services, and create smarter digital service offerings.

With a digital-first focus, the banking game has changed, as shown by the new disruptive proposals that appear in the industry. The latest of which, is virtual banking.

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The Future of Fintech Regulation Landscape
Data Protection and Retention

The Future of Fintech Regulation Landscape

It has been two years since the Office of the Comptroller of the Currency (“OCC”) announced the “Fintech Charters” plan. Whilst it has faced great challenges, with the lawsuit filing against this motion, the OCC has persisted with its plan with the Second Circuit. It is important to examine the opportunities, challenges as well as impacts that the charters will have on the regulatory landscape of the fintech companies.

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Schrems II: Narrowing Options for Moving Data
Data Protection and Retention

Schrems II: Narrowing Options for Moving Data

The Court of Justice of the European Union (CJEU) delivered its judgement in “Schrems II” on July 16, 2020, invalidating one of the common methods for legally sharing personal data between entities in the EU / EEA and their affiliates or vendors in the US – the EU-US Privacy Shield program, in which more than 5300 US companies are enrolled -- and casting doubt on the future of the mechanism employed by most companies in the EEA to transfer data abroad, the EU-approved Standard Contract Clauses (“SCCs”).  Alternatives are available, but they are more limited and are also under pressure.

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GDPR: Brexit Implications on UK, EEA & Third Countries
Data Protection and Retention

GDPR: Brexit Implications on UK, EEA & Third Countries

The EU General Data Protection Regulation (GDPR) controls how organizations collect, use and store personal data. It applies to both businesses based in the European Economic Area (EEA) and to those with no physical establishment in the EU, but with operations that fall into the extraterritorial scope of the GDPR.  Fines for GDPR violations can reach €20m or 4% of the annual worldwide turnover (whichever is higher).

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Learn more about our insights in this industry and others.

Customers we are proud to work with in Data Protection and Retention:

Rand Corporation
Situs
Serge Ferrari
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